What s The Job Market For Veterans Disability Litigation Professionals

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, a 58-year-old man is permanently disabled because of his military service. He receives a monthly pension from the Department of Veterans Affairs.

He would like to know how the jury's verdict will impact his VA benefits. It won't. However, it will have an impact on his other sources of income.

Can I claim compensation for an accident?

If you've served in the military and are permanently disabled due to injuries or illnesses, you may be eligible for a veterans disability attorneys disability settlement. This settlement will pay you for medical bills, lost income, and other costs that resulted from your injury or sickness. The type of settlement you are eligible for will depend on whether or not your illness or injury is related to service, what VA benefits you are eligible for, as well as the cost to treat your injury or accident.

Jim, a 58 year veteran of Vietnam was diagnosed with permanent disabilities because of his two years of service. He doesn't have enough work quarters to qualify for Social Security disability benefits but He does have a VA Pension benefit, which offers cash and medical treatment for free in accordance with financial need. He would like to be aware of whether a personal injury settlement would affect his eligibility to be eligible for this benefit.

The answer is dependent on whether the settlement is a lump-sum or a structured one. Structured settlements are payments made over a time frame instead of in one payment and the amount received by the defendant is calculated to offset any existing VA benefits. A lump sum payment will impact any existing VA benefits since the VA will annually evaluate and consider it to be income. If Jim has surplus assets after the settlement is annualized, http://seocheonilbo.kr/ he can reapply to be eligible for the pension benefit. However his assets must be less than a certain threshold that the VA has set to establish financial necessity.

Do I need to hire an Attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and the impact it has on the financial aspects of divorce cases. Some people believe, among other things that Department of veterans disability attorney Affairs compensation payments can be split like military retirements in divorce cases or that they're "off limits" when calculating child support and alimony. These misconceptions could lead grave financial errors.

While it is possible to do an initial claim for disability benefits on your own, many disabled veterans get the assistance of a skilled lawyer. An experienced veteran's disability lawyer will review your medical documents and gather the required evidence to support your case at the VA. The lawyer can also file any appeals you might require to receive the benefits you deserve.

Furthermore, the majority of VA disability lawyers do not charge fees for consultations. The government will also pay the lawyer directly from the award of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The proportion of retroactive past-due benefits your lawyer will receive should be clearly outlined in your fee agreement. For instance an agreement on fees could state that the government will pay the lawyer up to 20% of the retroactive benefits or give. Any additional amount is your responsibility.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA the compensation is paid in the form of monthly payments. The funds are intended to help offset the effects of disability, illness or injuries that are sustained or aggravated by a veteran's military service. Like all income, the veterans disability benefits can be subject to garnishment.

Garnishment permits a court order that an employer or government agency deduct cash from the pay of a person who is in the process of paying an amount and then pay it directly to a creditor. In the event of divorce, garnishment may be used to pay child or Veterans disability law firms spousal maintenance.

However, there are a few circumstances where a veteran's disability benefits can be repaid. The most common scenario involves those who have renounced their military retirement to receive disability compensation. In these instances the amount of pension apportioned to disability pay can be garnished to pay family support obligations.

In other situations, a veteran's benefits can be garnished to pay for medical expenses or past due federal student loans. In these cases a judge can refer a case directly to the VA for the information they need. It is important for a disabled veteran to find a competent lawyer to ensure that their disability benefits aren't removed. This will prevent them from having to rely on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a big help for veterans and their families, however they come with their own set of issues. For instance, if a veteran gets divorced and is awarded a VA disability settlement, they need to know how this will affect their benefits.

A major issue in this context is whether or not disability payments are considered to be divisible assets in a divorce. This issue has been addressed in a variety of ways. One is through an Colorado court of appeals decision that found that VA disability payments are not property, and therefore cannot be divided in that way. Another way is through an U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability payments to pay for Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern that is related to this subject is how disability benefits are interpreted in the context of child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. Some states have an alternative approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse is entitled to and then adds up the disability payments to take into account that they are tax free.

In the end, it is crucial that veterans understand how their disability compensation will be affected if they become divorced and how their spouses who divorced them can garnish their compensation. If they are aware of these issues, veterans can safeguard their compensation and avoid unintended consequences.